[2026:RJ-JP:6079] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11201/2023 Shiv Kumar S/o Late Shri Bajrang Lal, Aged About 65 Years, R/o Ward No. 6/12 Chirawa, District Jhunjhunu (Raj.) ----Petitioner Versus 1. Santkumar S/o Late Shri Suganchand, Aged About 70 Years, Ward No. 6/12 Chirawa Tehsil Chirawa, District Jhunjhunu (Raj.) 2. Ashok Kumar S/o Santkumar, Ward No. 6/12, Chirawa Tehsil Chirawa, District Jhunjhunu (Raj.) 3. Executive Officer, Nagarpalika Chirawa, District Jhunjhunu (Raj.) ----Respondents For Petitioner(s) : Mr. Aditya Matolia For Respondent(s) : Mr. Devanshu Sharma Mr. J K Moolchandani Mr. Vishalakshi Pareek HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 09/02/2026 1. The present writ petition has been filed assailing order dated 23.05.2023, passed by learned Civil Judge, Chirawa, in Civil Case No. 17/2019, whereby, the application filed under Order 6 Rule 17 CPC has been rejected. 2. Brief facts of the case are that the plaintiff has filed a suit for permanent injunction. During pendency of the suit, certain construction were raised by the defendants, and therefore, he sought relief of removal of those construction in the form of mandatory injunction by way of filing the application under Order 6 Rule 17 CPC. The application of the petitioner was that [2026:RJ-JP:6079] (2 of 2) [CW-11201/2023] 10.12.2021 to 22.12.2021, the construction has been raised therefore amendment may be allowed. The said application was rejected by the Trial Court vide order dated 23.05.2023. 3. Learned counsel for the petitioner submits that the petitioner-plaintiff may be permitted to withdraw the present writ petition and liberty may be granted to file a fresh suit, based on the subsequent cause of action. 4. He submits that in the suit for permanent injunction certainly the nature of the suit will change, if the mandatory injunction is permitted to be granted. He also submits that the separate cause of action is there with him to file a separate suit, therefore, he may be permitted to file a fresh suit. 5. Learned counsel for the respondent could not refute the above facts. 6. This Court deems it appropriate that the petitioner would be at liberty to approach the trial Court by way of filing an application under Order 23 Rule 1 (3) CPC for withdrawal of the suit with liberty to file fresh. If any such application is filed, the learned Trial Court is directed to decide the application and permit the petitioner to withdraw the suit with liberty to file a fresh suit in accordance with law. 7. With the aforesaid observation, the present writ petition stand disposed of. 8. Pending application (s), if any, stand disposed of. (BIPIN GUPTA),J KRATIKA /62